If your mortgage is a REFI or HELOC or if the true lender was never
disclosed and/or the loan was never consummated you can rescind your
mortgage loan and the mortgage and note are void (see Rescission)
...even after the 3 day right of rescission.

If your mortgage is a REFI or HELOC find your RIGHT TO CANCEL
NOTICE in your original closing documents package. Mail your RIGHT
TO CANCEL NOTICE and cover letter to all parties (attorneys ,
servicing agent, lender) via Certified Mail Return Receipt. Note:
Insert the 20 digit number inside the cover letter.

If you do not have your REFI or HELOC RIGHT TO CANCEL NOTICE you can still rescind
your mortgage loan and nullify the mortgage and the note.

You can print a generic
RIGHT TO CANCEL NOTICE and prepare a cover
letter to declare rescission. Then mail your RIGHT TO CANCEL NOTICE
and cover letter to all parties (attorneys , servicing agent,
lender, and others) via Certified Mail Return Receipt. Note: Insert
the 20 digit number inside the cover letter.

Step Two: Cloud the TITLE and Prevent TITLE Transfer

Record Rescission Documents With an Affidavit in The County Register
of Deeds

First you will have to check the recording requirements on your
county clerk's office for forms, requirements and fees for filing in the public records.

Next: Prepare your affidavit titled, (RIGHT TO CANCEL NOTICE pursuant to
FEDERAL TRUTH-IN-LENDING DISCLOSURE STATEMENT, ALL GIVEN BY LENDER
IN COMPLIANCE WITH TRUTH-IN-LENDING SIMPLIFICATION AND REFORM ACT OF
1980 (PUBLIC LAW 96-221)), with the following attachments.

signed and dated RIGHT TO CANCEL NOTICE

USPS form 3800

USPS form 3811 CERTIFIED MAIL RECEIPT as evidence of receipt

COVER LETTER notarized and signed under penalty of perjury

If the County Clerk Refuses

Take a witness with you to the clerk's window.

Give NOTICE to the County Clerk

"I would like to see your authorized oath of office to the people
of the state by an appointed government officer to see if my
constitutional rights are being violated."

If the County Clerk still refuses have the clerk fill out this
document.

If the County Clerk still refuses, take this NOTICE TO COUNTY CLERK and show the
clerk that he/she is committing a crime against justice under
Statutes at Large Section 5403.

Notes and opinions:

Every state has its own forms and requirements and fees for filing
anything in the public records. It is wise to record any rescission
that was sent regardless of the timing, in my opinion, but that
would be subject to advice from a lawyer in your jurisdiction.
Litigation is expected on numerous issues after the non-judicial
cancellation of the loan contract, note and mortgage.

Here are some of the issues that might be presented when the
rescission is sent and/or recorded:

1. Since the rescission is effective upon mailing, the loan
contract, note, and mortgage are void (not voidable). This means in
states whose recording statutes are either “notice” or “hybrid”,
anything that transpired after that in which the note or mortgage
were used for collection, enforcement or foreclosure are also void.
Title would then stay with the homeowner if the homeowner does not
know that he/she still has title. Any deed issued in foreclosure
would accordingly be a wild deed.

2. If the state recording statutes are purely “race” then if the
notice of rescission was not recorded before the foreclosure, the
foreclosure sale and deed might well be binding even if it was
“fraudulent” or otherwise wrong or illegal.

3. State statutes of limitation might effect (limit) the ability to
collect damages for trespass or wrongful foreclosure, breach of
contract or other common law or statutory remedies. The FDCPA might
help depending upon how long it has been since the notice of
rescission was sent.

4. If the notice of rescission is sent and recorded before the
foreclosure judgment in judicial states or before the sale in
non-judicial states, then in all states it would appear that the
loan contract, note and mortgage were rendered void at the moment of
mailing, by operation of law, which is the same thing as a judge’s
order declaring the note and mortgage void.

5. There is no provision in the TILA rescission statutes that allows
any lender, creditor or servicer to contest the rescission with a
letter. That power is only given to the borrower. Their subsequent
action in proceeding to foreclosure “judgment” should be subject to
being vacated because they were obtaining relief based upon a void
instrument — the mortgage (and the note).

6. In a strictly “notice” state, as long as they knew about the
rescission the foreclosure is automatically wrongful and actionable,
in my opinion. “Notice” might need to include a third party
purchaser, who often does know of the existence of the borrower’s
defenses and does know about the rescission. The issue here is that
at the time of the rescission it was widely and wrongly believed
that a lawsuit was necessary to make the rescission effective (i.e.,
the borrower had to plead and prove a case for rescission under
common law rules). TILA rescission is exactly the opposite. So
everyone, including appellate courts (other than the Supreme Court
of the United States) was proceeding under the wrong assumption.

7. The action following rescission should not be to establish the
effectiveness of the rescission. That is already complete by
operation of law.

8. The action could be enforcement of the rescission if filed within
one year of the date of mailing of the rescission. At the end of
that period, the borrower is barred from filing an enforcement
action and the “lender” assuming they have done nothing, is barred
from claiming the debt.

9. After the expiration of one year from date of mailing of the
notice of rescission, the action would be simply for quiet title and
perhaps trespass (see above). This action could be brought during
the one year period either in lieu of enforcement or with
enforcement. An action for injunction preventing the banks,
servicers or trustees from attempting to use the void note and
mortgage might also be advisable.

10. If an action for enforcement is brought during the one year
period it is important not to plead as though the rescission might
not be effective. it is a fact. See Jesinoski. The relief sought is
NOT to have a declaration from the court that the rescission was
valid. The pleading must assume that it is already legally binding
as per 15 USC 1635 et seq and that the only issues remaining are the
duties of the “lender” who should not be described as a lender but
only someone who has asserted the rights of a lender, holder,
mortgagee, beneficiary or servicer or trustee.

11. An attack on standing is appropriate at every step when the
“servicer” or Lender” seeks to challenge the rescission without
filing an actual lawsuit or pleading. The banking side of the
equation has NOT been granted the power to contest with anything
other than some other recognized “operation of law.” The only such
exercise would be a lawsuit seeking to vacate the rescission on the
grounds that it was wrongful or deficient in some way.

12. STANDING: This is where most cases will be won or lost. Since
the note and mortgage were rendered VOID as of the date of mailing,
the party seeking to vacate the rescission would need to plead that
they are injured by the rescission, to wit: they are going to lose
the ability to enforce a legally binding debt. And they would need
to establish standing WITHOUT the note and mortgage, which are void
(see above).

13. Thus the pleader would need to establish themselves as a party
who either funded the loan and is still the creditor, or who has
purchased the loan from someone who owned the loan because they
funded it. This we believe is going to be impossible for the lenders
because their money trail leads straight to investors whose money
was used improperly and whose money was never paid to the trust that
issued the mortgage backed securities. The investors were left out
in the cold without a mortgage backed security issued by any entity
that had mortgages, without a note and without a mortgage. That
leaves them with empty promises from the “Servicer” and no
enforcement mechanism to collect from either the borrower or the
investment bank. None of that is the fault of the borrower.

Lawyers And Judges Take Note

“Within the Truth in Lending Act: Section 1635(a) nowhere suggests a
distinction between disputed and undisputed rescissions, much less
that a lawsuit would be required for the latter.” Justice Scalia,
Jesinoski v Countrywide.

[EDITOR’S NOTE: The only possible meaning to this is that the
homeowner can use a letter and then, if it is disputed, it must BE
BROUGHT to A COURT OF COMPETENT JURISDICTION to vacate the
rescission. An order that denies a motion to dismiss for lack of
jurisdiction based upon the fact that the rescission was sent does
nothing to change the fact that the rescission was effective as of
the date it was mailed and still is effective by operation of law.
The only way it can be removed is with another operation of law that
is properly brought by the real party in interest. An order vacating
the rescission without any pleading requesting that relief does
absolutely nothing except assure that the judge’s order will be
reversed. And if the rescission is recorded before the foreclosure
judgment (judicial states) or sale (non-judicial states) the
judgment and sale are void respectively.]

The Florida Statute below shows the intent of recording such
notices. Using the form that is already approved by statute makes
recording a lot easier:

712.05 Effect of filing notice.—
(1)A person claiming an interest in land or a homeowners’
association desiring to preserve a covenant or restriction may
preserve and protect the same from extinguishment by the operation
of this act by filing for record, during the 30-year period
immediately following the effective date of the root of title, a
written notice in accordance with this chapter. Such notice
preserves such claim of right or such covenant or restriction or
portion of such covenant or restriction for up to 30 years after
filing the notice unless the notice is filed again as required in
this chapter. A person’s disability or lack of knowledge of any kind
may not delay the commencement of or suspend the running of the
30-year period. Such notice may be filed for record by the claimant
or by any other person acting on behalf of a claimant who is:
(a)Under a disability;

(b)Unable to assert a claim on his or her behalf; or
(c)One of a class, but whose identity cannot be established or is
uncertain at the time of filing such notice of claim for record.
Such notice may be filed by a homeowners’ association only if the
preservation of such covenant or restriction or portion of such
covenant or restriction is approved by at least two-thirds of the
members of the board of directors of an incorporated homeowners’
association at a meeting for which a notice, stating the meeting’s
time and place and containing the statement of marketable title
action described in s. 712.06(1)(b), was mailed or hand delivered to
members of the homeowners’ association at least 7 days before such
meeting. The homeowners’ association or clerk of the circuit court
is not required to provide additional notice pursuant to s.
712.06(3). The preceding sentence is intended to clarify existing
law.

(2)It shall not be necessary for the owner of the marketable record
title, as herein defined, to file a notice to protect his or her
marketable record title.